Following a four-week MVA jury trial, the plaintiffs were awarded $652,521 in damages by the jury. The plaintiffs recovered only $191,228.65 after application of statutory deductibles. The plaintiffs claimed costs and disbursements totaling $461,844.66. The defendant claimed costs totaling $178,803.71.
One month before trial, the defendant had made an offer to settle for $250,000. The plaintiffs argued that the Rule 49 Offer – which was made as a single lump offer between the two plaintiffs – should not attract cost consequences because it was not specific enough to each plaintiff and was not severable between them. Justice Koehnen disagreed, holding that a Rule 49 offer in this format is acceptable where one of the plaintiffs is an FLA claimant, and the plaintiffs are a family unit. Accordingly, the offer attracted Rule 49.10 costs consequences. Justice Koehnen awarded the plaintiffs costs up to the date of the offer, and awarded the defendant costs from the date of the offer onwards. This resulted in a net costs payment of $21,923.17 to the plaintiffs.